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Thank you for participating in Bill Fair and Company Online Auctions. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Good luck and good bidding!
Registration at the auction finalizes each bidder’s agreement to the terms and conditions of sale as stated in the Purchase and Sale Agreement which are incorporated by reference into your bidding. Do not bid until you have read the terms and conditions. In order to bid on the auction items, all Bidders must be registered to bid on the specific property in question. To get registered simply go to the Online registration here: Proxibid Online Registration. There is no fee to register although a valid credit card will be required to verify identity and funds. By bidding you are representing to Bill Fair and Company and the seller that you have read and agree to be bound by the terms and conditions for this sale.
Quick lesson on Online only auctions:
- 1. Register to bid
2. Enter your bid and your maximum bid for each item you wish to bid on. If you enter a maximum bid, you do not have to enter a current bid, that will be done for you automatically. If you wish to enter your own bids you may do so without entering your maximum bid.
3. If you are the winning bidder you will be notified immediately and will be expected to pay immediately. A 10% credit card hold may be applied to bids to ensure performance. If the terms of the auction are not followed, Bill Fair and Company reserves the right to charge the entire amount due to the credit card on file, including any storage fees and penalties.
4. If you are the buyer it is up to you to make arrangements for merchandise removal within 2 business days of the auction unless otherwise noted. Bill Fair and Company maintains the right to re-sell or discard merchandise left over 48 hours if prior arrangements have not been made.
THE SALE WILL BE CONTROLLED BY THE ONLINE BIDDING PROGRAM. Bill Fair and Company is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. Should an issue arise with the performance of our server that effects everyone’s ability to bid, bidding will resume once the issues have been addressed. Information will be posted as soon as possible after any problems arise that will give you details of how the bidding will resume and the new closing time will be announced. In case of other disputes, the Auctioneer may re-open the bidding at the Auctioneer’s sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down properties or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding and to accept or reject any or all bids. Absentee bids may be accepted at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time.
Bidding starts at the Opening Bid indicated and is open to all who registered and approved. The Auctioneer will control any increments of bidding. The bidding occurs online only and will continue for a period of three (3) to five (5) days for each property. The auction ends at a predetermined time with an Overtime Period if necessary, defined as follows: if a bid is placed within five (5) minutes of the close of bidding, then another five (5) minutes period commences from the time of the last bid until no bids are placed within the next five (5) minutes. The last bid shall be made final.
A Buyers Premium of 10% of the high bid is paid by the Buyer to the seller as a share in the cost of the transaction and it is added to the high bid to determine the final Purchase Price.
Each Buyer must pay the full amount due within twenty-four hours by electronic wire funds, credit card, check by phone, and cashier’s checks. These are the only forms of payment accepted.
Personal Property Condition Evaluations:
• Excellent condition, like new.
• No known defects, appears to be in good condition, item works and has essential parts, but may have some damage that could affect its aesthetic appeal.
• Visually inspected and looks to be in good condition, item has not been tested, buyer is responsible for their own inspections to determine condition.
• Item sold as pictured, it has not been tested or inspected and has had no evaluation
• Minor damage, may require repair
• Damaged, needs obvious repair
BIDDERS SHOULD RELY SOLELY ON PERSONAL INSPECTIONS AND NOT ON INFORMATION LISTED ON THE SITE OR OTHERWISE PROVIDED BY AUCTIONEER OR SELLER. BIDDER’S FAILURE TO INSPECT, OR TO FULLY INFORM THEMSELVES AS TO THE QUALITY, CONDITION, QUANTITY AND SIZE OF ANY ITEM WILL NOT CONSTITUTE GROUND FOR ANY CLAIMS, ADJUSTMENTS, REFUNDS, TERMINATION OF THE CONTRACT FOR SALE OR REFUSAL TO CLOSE THE SALE.
FOR BUYERS OF REAL ESTATE SELLING ONLINE:
Each Buyer must make a non-refundable deposit per property at the conclusion of the auction (see each auction for specific amount). Electronic wire funds, credit card, check by phone, and cashier’s checks are the only forms of payment accepted. Once the Seller approves the Sale, the deposit will be credited to the Purchase and Sale Agreement. The balance of the purchase price and all closing costs are due within 30 days. Closing costs include title exam, title policy, closing fee, filing costs and any other fees noted in the terms of sale or Purchase and Sale Agreement.
Within 24 hours immediately following the close of the auction, Auctioneer or Title Company will contact winning bidder (Buyer) by email, telephone or fax to provide documents for execution. All purchase documents will be provided to the Buyer and Buyer will be required to sign and return all purchase documents to Auctioneer via overnight delivery. Buyer shall have two (2) days following the auction to return all completed documents or will forfeit the deposit and be liable for further damages. If you wish to have the purchase documents reviewed by an attorney, please contact Auctioneer PRIOR to the Auction and we will provide them to you for review so as to not delay the post auction process. The Purchase and Sale Agreement is not subject to negotiation.
If Buyer is a winning bidder and refuses or fails to complete the transaction for any reason, Buyer shall relinquish any right to complete the transaction and shall have no rights or interest in the property, as well as forfeit all deposit monies to Seller. PLEASE BE ADVISED: Various state statutes give Seller the right to pursue legal action against bidders who refuse to complete transactions. This may include (but is not limited to) suit to compel completion of the sale, and/or criminal charges of fraud or other intentional act.
All properties are sold exactly as they are with no financing, inspection or other contingencies to sale. Bill Fair and Company represents the Sellers only and does not inspect properties on bidder’s behalf. Buyers must conduct their own due diligence and investigation of each property and must also investigate the suitability of each parcel prior to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale.
Buyers receive a deed and may purchase a Title Insurance Policy from the Closer indicated in the Contract. Current year’s taxes are pro-rated through day of closing.
All auctions are subject to court or seller approval. Over 98% of all sales are approved within 7 business days. Buyers are not allowed possession until filing of the deed, at which time the property should be re-keyed. “Showing” requests from Buyers prior to closing will not be able to be accommodated.
Bill Fair and Company and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for this property. Potential purchasers are strongly urged to rely solely upon their own inspections, opinions, and due diligence in preparing to purchase properties and are expressly advised not to rely on any representations or statements made by the Seller or their agents. Property information may change without notice and potential purchasers should investigate all data fully before relying upon it.
All the information contained on this property was obtained from official county maps or other sources deemed reliable, but is not guaranteed and may be in error. Seller DOES NOT WARRANT the accuracy thereof. Seller has made no independent investigation of any information provided, and assumes no responsibility for the providing of or absence of any information, whatsoever, or for the accuracy thereof.
NOTICE: Institutional and Fiduciary Sellers (courts, government agencies, banks and trustees) have not occupied the properties and have NO information to provide for disclosure. Properties are sold ‘As Is – Where Is’ and should be fully inspected prior to bidding on.
SELLER AND AUCTION COMPANY HAVE NO KNOWLEDGE OF THE SUBJECT PROPERTY OR ITS FIXTURES OR CONDITION AND ARE NOT RESPONSIBLE FOR SUCH.
YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE’S SELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMMATE A PURCHASE WILL BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS.
